Solar Biotech acquires biotech company Noblegen: Employee rights

In a significant move within the biotechnology industry, Peterborough, Ontario-based Noblegen has been acquired by Virginia’s Solar Biotech. This acquisition marks a pivotal transition for Noblegen, a company that began with a focus on water purification and has since expanded into food products. Noblegen will now be known as Solar Biotech Canada, continuing its operations as a food-grade-certified biomanufacturing and research and development hub in Canada.

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Company’s legacy and new beginnings

The company, originally launched by Adam Noble as Noble Tech in 2013, has since grown into a diverse biotech firm. Noblegen ventured into the realm of plant-based foods and bioproducts. It uses Euglena gracilis—a versatile single-celled organism—for various applications including protein sources, beta-glucan, palm oil substitutes, and even as a scrambled egg alternative.

• SEE MORE: Noblegen layoffs become terminations in Peterborough

With the new structure under Solar Biotech, Adam Noble steps into the role of Chief Visionary Officer, expressing his enthusiasm about the new partnership. Noble states, “Now operating as Solar Biotech Canada, this union represents a leap forward in our mission to transform consumer goods and build a sustainable future.”

Alex Berlin, CEO of Solar Biotech and the newly appointed chair of Solar Biotech Canada, emphasized the combined strengths of both companies in microbiology and biomanufacturing, aiming to deliver “revolutionary biotech and synthetic biology” solutions across various applications.

Who pays severance if Solar Biotech doesn’t keep certain employees at Noblegen?

If Solar Biotech’s acquisition of Noblegen results in you losing your job, then Noblegen must provide you with full severance pay.

In Canada, the “seller” of the business is responsible for providing proper compensation to staff who lose their job.

WATCH: Employment lawyer Lior Samfiru explains the rights workers have when their employer sells the business on an episode of the Employment Law Show.

If Solar Biotech provides you with an employment offer, and you have a good reason for why you don’t want to accept it (i.e. different hours or pay), you might be able to get full severance pay from Noblegen.

Even without a good reason you can still get severance, but it’s very likely that you will only receive your minimum entitlements.

LEARN MORE
• Sale of business in Ontario: Rights to severance
• Rights to severance in Alberta when your employer sells the business
• Employer sold the business in B.C.? Know your rights to severance

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for provincially regulated employees
• Severance packages in mass layoffs
• Rights to severance during a recession

Can Solar Biotech make major changes to the jobs of workers at Noblegen?

In Canada, non-unionized employees at Noblegen don’t have to accept substantial changes to their job that Solar Biotech might try to enforce.

Major modifications, such as a demotion, longer shifts, or reduced pay, are illegal.

When significant adjustments are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t resign before contacting our firm.

ADDITIONAL RESOURCES
• Can my employer make changes to my job in Ontario?
• Job changes in Alberta: What employees need to know
• Changes to your employment in B.C.: Your rights

New employment contracts for staff at Noblegen

If you work for Noblegen, and you receive a new employment contract from Solar Biotech, take the time to carefully review it before signing it.

In many cases, these agreements take away key protections that would otherwise be available to non-unionized employees, including:

• Eliminating past service: The new owner might attempt to reduce or eliminate your years of service with your previous employer. Don’t sacrifice your seniority. Length of service is a key factor when determining how much severance pay you are entitled to.
• Reducing severance pay: Some employers try to use a termination clause to reduce your severance entitlements to the bare minimum. Instead of months of pay, you might only receive a few weeks’ pay if you are fired without cause or let go.
• Ability to make changes: The new owner might attempt to add a clause that gives them the right to change aspects of your job (i.e. hours or pay) without your permission or lay you off without penalty.

Employers in Canada can’t legally force non-unionized workers to sign a new employment contract immediately or a few days after receiving it.

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Do staff at Noblegen have the same workplace rights with a non-Canadian owner?

The short answer is yes. Companies outside of Canada can’t use employment contracts to get out of Canadian employment standards legislation.

While Solar Biotech is U.S.-based, the company still has to adhere to the same employment laws that Noblegen was required to follow for its Canadian staff.

Received a job offer? Speak with an employment lawyer

Before accepting a new employment contract, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

We can help you better understand the terms of the contract and advise you on how best to navigate the situation.